Case 2:12-cv-04814JS-ETB Document 1 Filed 0 9 / 2 6 / ] ^ Page 1 of 6 PagelD #: 1

NO SUMMONS ISSUED
RUBIN, FIORELLA & FRIEDMAN LLP James E. Mercante, Esq. Gerald A. Greenberger, Esq. 630 Third Avenue, 2nd and 3rd Floors New York, New York 10017 (212)953-2381 Attorneys for Defendant Insurance Company of North America UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK THEODORE R. KLEIN, Plaintiff,

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NOTICE OF REMOVAL -against- INSURANCE COMPANY OF NORTH AMERICA, Defendant

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The Judges of the United States District Court for the Eastern District of New York

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PLEASE TAKE NOTICE that Defendant INSURANCE COMPANY OF NORTH AMERICA hereby removes the above-entitled action from the District Court of the County of Suffolk, Fourth District Hauppaugue to the United States District Court for the Eastern District of New York, pursuant to 28 U.S.C. 1333, 1441 and 1446. In support of this Notice of Removal, Defendant states, upon information and belief, as follows: 1. Plaintiff THEODORE R. KLEIN filled a Complaint in the District Court of the County of Suffolk, Fourth District Hauppaugue, bearing Index Number SMC 12/3045. Plaintiff alleges in his complaint that on August 24, 2011, a sailboat that

Case 2:12-cv-04814cJ-ETB Document 1 Filed 0 9 / 2 6 / ^ Page 2 of 6 PagelD #: 2

he owns sustained damage in the navigable waters of the United States due to strong winds, wave action and a rough come-about and that such damage was covered under the marine insurance policy issued by INSURANCE COMPANY OF NORTH AMERICA. A copy of the Summons and Complaint is annexed hereto as Exhibit "A." 2. Defendant INSURANCE COMPANY OF NORTH AMERICA received a copy of the Complaint by personal service on September 4,2012. 3. Defendant INSURANCE COMPANY OF NORTH AMERICA seeks removal of this action pursuant to 28 U.S.C. 1441(b). 4. The District Court has original jurisdiction over this action pursuant to 28 U.S.C. 1333, because the marine insurance policy at issue is a marine contract and the incident occurred on the navigable waters of the United States. 5. Venue is proper in the United States District Court for the Eastern District of New York, because suit was filed in Suffolk County and the cause of action arose within this District. 6. Defendants request for removal is made within 30 days of receipt of the Complaint, which was received on or about September 4,2012. 7. After filing of the Notice of Removal in the United States District Court for the Eastern District of New York, written notice of the filing of this Notice of Removal will be given by the attorneys for defendant to plaintiff pro se at the address stated in the Complaint, as provided by law, and copies of the Notice of Removal will be filed with the Clerk of the District Court of the County of Suffolk, Fourth District Hauppague.

Case 2:12-cv-04814^3-ETB Document 1 Filed 0 9 / 2 6 / ] ^ Page 3 of 6 PagelD #: 3

WHEREFORE, Defendant INSURANCE COMPANY OF NORTH AMERICA prays that this Court remove this action from the District Court of the County of Suffolk, Fourth District Hauppaugue, in accordance with 28 U.S.C. 1446 and for any other relief the Court deems just and proper.

Dated: New York, New York September 19, 2012 Respectfully submitted, RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant, JOHN DURANTE, JR.

By:.

s// James E. Mercante, Esq. Gerald A. Greenberger, Esq. 630 Third Avenue, 2nd and 3rd Floors New York, New York 10017 Tel: 212-953-2381 Fax: 212-953-2462 E-Mail: Jmercante@,rubinfiorella.com E-Mail:ggreenberger(g).rubinfiorella.com Our File: 431-25258

Case 2:l2-cv-04814-JS-ETB Document 1 Filed 09/26/12 Page 4 of 6 PagelD #: 4

Exhibit A

Case 2:l2-cv-04814;J-ETB Document 1 Filed 09/26/12 Page 5 of 6 PagelD #: 5

0 DISTRICT COURT OF THE COUNTY OF SUFFOLK Fourth District, Hauppauge Part

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Theodore R. Klein against

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HauntifTs Residence Address: 48 First Street Kings Park, N Y 11754 The basis of the venue designated is Plaintiffs Residence

Insurance Company of North America ("INA")

To the above named defendants) to appear in the District Court of the Y OF SUFFOLK ~ SUFFOLK, Fourth *tes|$l|\$t ^be office of the Clerk'of the said Court at 4 COUNTY Nertt CetinJy York, by serving an answer toMemorial Highway, Hawppaugc, plaintiffs attorney, at tfcfe of Suffolk, Stateof New Omsk*, 8Mg #C158, Vtienwi tue^Rro laint upon N UW in the County address stated below, or U there is no attorney, upon I : the address stated above, withwthe time , Judgment will be taken against ju for the provided by law as rioted below; upon your fafli this action. "1 relief demanded in the complaint, together with en Dated, August 16,2012
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Defendant's Address Attorneys) for Plaintiff 436 Walnut Street, P.O. B f JoOO''^* - " ^ "* ** Wd " tt "* w ^ , c n e Nun,ber Philadelphia, PA 1916-370 p 0 5 2M$F\

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Tele, it (631) 757-4878 NOTE: The law or rates of court provide that: (a) If this summons is served by its delivery to you, or (tor a corporation) an agent authorized to receive service, personally within the County in which this Court b located, you must answer within 20 days after such service,- or (b) If this summons is served otherwise than as designated in subdivision (a) above, you arc allowed 30 days to answer after the proof of service isfiledwith the Clerk of this Court (c) You are required to file a copy of your answertogetherwith proof of service with the clerk of the district in which trie action is brought within ten days ofthe service of the answer.

Case 2:12-cv-04814^J-ETB Document 1 Filed 09/26/12 ,Page 6 of 6 PagelD #: 6

FOURTH DISTRICT COURT COUNTY OF SUFFOLK: HAUPPAUOR PART Plaintiff " Theodore R. Klein 48 First Street Kings Park, NY 11754 Tel: (631) 757-4878 Against Defendant INSURANCE COMPANY OP NORTH AMERICA ("INA") 436 Walnut Street, P.O. Box 1000 Philadelphia. PA 19106-3703 Plaintiff alleges:

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COMPLAINT

I) The Plaintiff is the owner of the insured vessel, a 1973 SABRE 28' Sailboat, and therefore has

an insurable interest therein. 2) The Plaintiff has had an insurance policy with the Defendant covering the vessel since March 22,2000 under Policy # YAR P05963849. 3) The Plaintiff and the Defendant mutually agreed upon the amount and rate of the insurance. These terms were indorsed upon the policy. 4) On August 24,2011, during the period within which the policy was in full foroc and effect, the sailboat was damaged. 5) The damage to the insured vessel was as a result of strong winds, wave action and a rough come-about. AH events covered in the insurance policy. 6) On August 25,2011, the Plaintiff notified the Defendant's claims adjuster, Pam King of ACE USA Recreational Marine Claims* about the damage and received the Claim # JY11J8419738. 7) The Defendant's claims adjuster, Ms. King sent a tetter to the Plaintiff dated August 26,2011, notifying the Plaintiff that coverage would initially be denied. On September 22,2011, the Plaintiff gave the Defendant proof of the loss in the manner required by the insurance policy. 9) The Plaintiffs loss and damage by reason of damage and estimate to repair the vessel was in the amount of $13,459.72; which to dale remains unpaid. ) 0) The Defendant assigned a marine surveyor to inspset the vessel, and thereafter continued to deny the claim. The Defendant refused to provide the Plaintiff uponrequestwith the resulting report which the Plaintiff only later had to receive through an action with the New York State Department of Financial Services. H ) 1 ^ Plaintiff mimitam*^ facts. 12) This action was commenced within one (1) year from the time when the loss was sustained. WHEREFORE, Plaintiff demands judgment against the Defendant for the amount of ^5/^51'U SHirWSWS'plus court fees and interest from August 25,2011 together with costs and ^rv disbursements. Dated: August 16,2012 Theodore R. Kloin Plaintiff {sec hack)